RICHPAL SINGH & ANR. versus DESH RAJ SINGH & ORS.

RICHPAL SINGH & ANR. versus DESH RAJ SINGH & ORS.

On true construction of section 21(1)(h), the benefit thereof is available to the landholder on the date of vesting if the landholder or his predecessor on material dates was a disabled person; there is no requirement that the disabled landholder's identity remain unchanged up to the date of vesting. Thus, the lessees remain Asamis and do not become Sirdars within section 240B.

Parties
Appellant: Richpal Singh; Respondent: Desh Raj Singh
Jurisdiction
India
Judgment Date
25 August 1981
Procedural Posture
Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Allahabad High Court in Special Appeals Nos. 424 and 425 of 1971
Outcome
Appeals allowed
Legal Topics
U.p. Zamindari Abolition and Land Reforms Act, Section 21(1)(h), Disabled Person Definition, Inheritance of Lease Rights
Property Law Land Reforms U.p. Zamindari Abolition and Land Reforms Act Section 21(1)(h) Disabled Person Definition Inheritance of Lease Rights

Case Brief

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Parties

Richpal Singh

Appellant

Desh Raj Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Allahabad High Court in Special Appeals Nos. 424 and 425 of 1971

Legal Issues

  1. 1 Whether section 21(1)(h) of the U.P. Zamindari Abolition and Land Reforms Act requires that the same lessor/landholder be a disabled person on relevant dates and continue to live up to the date immediately preceding vesting
  2. 2 Whether lessees from disabled persons under section 157(1) acquire status of Sirdars or remain Asamis under section 240B

Ratio Decidendi

On true construction of section 21(1)(h), the benefit thereof is available to the landholder on the date of vesting if the landholder or his predecessor on material dates was a disabled person; there is no requirement that the disabled landholder's identity remain unchanged up to the date of vesting. Thus, the lessees remain Asamis and do not become Sirdars within section 240B.

Court Disposition

Appeals allowed

Orders

  • The orders of the Division Bench in Special Appeals Nos. 424 and 425 of 1971 are set aside
  • The decision of the learned Single Judge dated May 10, 1971 is restored